A CHARTER ORDINANCE EXEMPTING THE CITY OF GARDEN PLAIN, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-731 AND K.S.A. 12-834, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO PUBLIC IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IMPROVEMENTS.
WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”), provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt such cities from non-uniform enactments of the Kansas Legislature; and
WHEREAS, the City of Garden Plain, Kansas (the “City”) is a city, as defined in the Act, duly-created and organized, under the laws of the State of Kansas; and
WHEREAS, K.S.A. 15-731 and K.S.A. 12-834 are enactments of the Kansas Legislature relating to public street and utility improvements and the issuance of bonds for such purposes, which enactments are applicable to the City, but are not uniformly applicable to all cities within the State of Kansas; and
WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 15-731 and K.S.A. 12-834, and to provide substitute and additional provisions therefor.
NOW, THEREFORE, BE IT ORDAINED BY IBE GOVERNING BODY OF THE CITY OF GARDEN PLAIN, KANSAS:
Section 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 15-731 and K.S.A. 12- 834, and shall be governed by the substitute and additional provisions contained herein.
Section 2. Bonds for Certain Public Improvements. (a) The City may issue general obligation bonds payable by the City at large (the “Bonds”) to (i) surface, resurface, pave, repave, curb, recurb, gutter, regutter, or otherwise improve any street or streets, avenue or avenues, or public highway or highways, together with necessary bringing to grade and grading, and with such culverts, drainage facilities and other incidentals as may be necessary, and to build bridges and approaches thereto, and (ii) purchase, extend and improve, or purchase, construct or extend works for the purpose of supplying the City and its inhabitants with natural gas, water, electricity, heating, telephone, sanitary sewer or other public utility service.
(b) To authorize any of the improvements described in the foregoing subsection (a), and Bonds to finance the costs thereof, the governing body of the City must first adopt a resolution describing the improvement or improvements to be made and the amount of Bonds to be issued. Such resolution may contain a provision that the issuance of the Bonds be subject to (i) a provision that the resolution be published one time in the official City newspaper, and if within 30 days after the date of publication of the resolution, a petition in opposition to the issuance of the Bonds, signed by not less than 10% of the qualified electors of the City, is filed with the City Clerk, the City shall not have the authority to issue the Bonds until such question is submitted to the electors of the City at a special election called for that purpose or at the next general election and approved by a majority of the electors of the City voting at such election; or (ii) approval by a majority of the electors of the City voting on such question at a special election called for that purpose or at the next general election. If the Resolution is not subject to the foregoing subsection (b)(i) or (ii), or if the Bonds are not protested under subsection (b(i), or if the Bonds are approved by a majority of the electors of the City voting at an election under subsection (b)(i) or (ii), the City may proceed to issue the Bonds. Any election required by this section shall be conducted in the manner set forth in K.S.A. 10-120 by the election officer of the county in which the City is located. The Bonds shall be issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided. The provisions of this Charter Ordinance are supplemental to other statutes relating to similar public improvements and shall not prevent the City from using other available statutes.
Section 3. Severability. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.
(01-07-2015)